There are alt causes to a clogged docket.

This rise in litigation is attributable to many sources. First, the United States population has grown since 1960," from about 179 million people in that year 66 to about 281 million in 2000,67 roughly a fifty-seven percent increase. Naturally, this is not enough to account for the caseload rise on its own-after all, the caseload of the courts of appeals rose more than thirteen-fold from 1960 to 199568

Second, there have been congressional sources of the rise in caseloads. Since 1960, Congress has passed two laws-Title VII of the Civil Rights Act of 196469 and the Age Discrimination in Employment Act of 1967 7 -that have created civil remedies available to private parties for emloyment discrimination that are enforceable in the federal courts. Furthermore, in addition to other statutes creating private rights of action,72 federal regulation has grown in the late 73 twentieth century, which has created additional rights of action.

Third, there are, of course, the courts themselves. The Warren Court "enormously enlarged the number of rights upon which a suit in federal court could be founded and... strengthened their enforcement., 74 That Court also gave new readings to two key statutesthe Habeas Corpus Act of 1867 7' and the Ku Klux Klan Act of 1871 76 -that gave rise to a vast number of federal suits. Although the Burger Court was generally less eager to allow additional litigation, it created additional judicial remedies, such as those for constitu- 78 tional violations by federal officers.

Finally, there is another set of causes for the rise in federal court litigation, such as a lower inflation-ad)justed amount in controversy requirement for diversity jurisdiction, 9 a relaxation of justiciability doctrines,8 0 and a drop in the cost of legal services and an increase in their availability."